Austin Drunk Driving Accident Attorneys
Injured by a Drunk Driver Accident in Austin, TX?
With hundreds of marketing campaigns and enforcement agencies cracking down on drunk driving, it may surprise many people to know that drunk driving is still a very serious problem in the U.S. Unfortunately, the reality is that drunk drivers cause serious car accidents all too often, forcing innocent people to suffer for their reckless actions.
At the Law Offices of Vic Feazell, P.C., we understand how devastating being the victim of such an accident in Austin can be. However, victims of drunk drivers and their families should know that these negligent drivers can be held accountable for the physical, emotional, and financial repercussions they cause. With decades of experience, we have recovered millions of dollars for our clients.
Discuss the details of your case during a free initial consultation: Call (254) 938-6885
Texas Drunk Driving Laws
Texas takes a hard line against driving while intoxicated (DWI), but for a victim, understanding these statutes is the first step toward a successful civil claim. Under the Texas Penal Code, a person is legally intoxicated if they do not have the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, or a drug into the body.
The Legal Limits
- 0.08% BAC: For adults 21 and over, a Blood Alcohol Concentration (BAC) of 0.08% or higher is considered "per se" intoxication.
- Commercial Drivers: The limit is lower, at 0.04%.
- Zero Tolerance: For anyone under 21, any detectable amount of alcohol is illegal.
Criminal vs. Civil Liability
It is important to note that a driver does not necessarily need to be convicted of a DWI for you to win a civil lawsuit. The burden of proof in a civil case—"preponderance of the evidence"—is lower than the "beyond a reasonable doubt" standard required in criminal court. However, a criminal conviction can serve as powerful evidence of negligence per se, essentially proving the driver was negligent because they violated a safety statute.
Common Accident Hotspots in Austin
Austin is a vibrant city known for its nightlife and major events like SXSW and ACL. However, the concentration of bars and entertainment districts contributes to specific "hotspots" where drunk driving accidents occur more frequently:
- The 6th Street Entertainment District: With a high concentration of bars, this area experiences significant foot traffic and late-night driving.
- I-35 and MoPac Expressway: These major arteries carry heavy traffic 24/7. Drunk drivers entering these highways going the wrong way is a recurring tragedy in Austin.
- Rainey Street: Similar to 6th Street, this historic-house-turned-bar district creates a high-risk environment for collisions during closing time.
- The Domain: As a secondary "downtown" in North Austin, the increase in nightlife has led to a corresponding rise in alcohol-related incidents on nearby roads like Burnet Rd and MoPac.
How Alcohol Impairs Your Ability to Drive
Alcohol is a central nervous system depressant that attacks the very skills required to operate a vehicle safely. Even if a driver’s BAC is below the legal limit, they can still be dangerously impaired.
- Delayed Reaction Time: Alcohol slows the communication between the brain and the body. A drunk driver may see your brake lights but be unable to move their foot to the brake pedal in time.
- Poor Judgment: Impaired drivers often take risks they wouldn’t otherwise take, such as speeding, weaving through traffic, or ignoring red lights.
- Loss of Muscle Coordination: Alcohol affects fine motor skills, making it difficult to steer steadily or judge the distance between vehicles.
- Visual Impairment: Intoxication can cause blurred or double vision and significantly reduce peripheral sight, leading to "tunnel vision", where the driver fails to see pedestrians or vehicles approaching from the side.
Proving Liability in a Drunk Driving Accident in Austin
To prove negligence in an accident involving a drunk driver in Texas, you must establish the following four legal elements:
- Duty of Care: Show that the drunk driver had a legal duty to operate their vehicle safely and follow traffic laws.
- Breach of Duty: Prove that the driver breached that duty by driving under the influence, which is inherently reckless and illegal.
- Causation: Demonstrate that the driver’s intoxicated state directly caused the accident and your resulting injuries or damages.
- Damages: Provide evidence of actual harm—such as medical bills, lost wages, or pain and suffering—caused by the accident.
Key evidence often includes:
- Police Reports & Breathalyzer Results: These provide objective data on the driver's level of impairment at the scene.
- Field Sobriety Test Footage: Dashcam and bodycam footage can show the driver stumbling, slurring their speech, or failing physical tests.
- Witness Testimony: Statements from other drivers or bystanders who witnessed erratic behavior before the crash.
- Accident Reconstruction: We work with experts to prove that the driver’s impairment was the direct cause of the collision.
- Cell Phone Records: We often check if the driver was also distracted, which further compounds their negligence.
Dram Shop & Social Host Liability
In Texas, the driver isn't always the only one at fault. Under the Texas Dram Shop Act, businesses that sell alcohol (bars, restaurants, liquor stores) can be held liable if they continue to serve a patron who is "obviously intoxicated."
Dram Shop Liability
If a bartender serves an individual who is stumbling, slurring, or showing clear signs of being "drunk," and that person later causes a crash, the establishment may be responsible for a portion of the damages. This is crucial in cases where the driver has little or no insurance.
Social Host Liability
When it comes to social hosts (people hosting private parties), state law is more restrictive. Generally, a social host is not liable for an adult guest’s actions. However, liability does apply if an adult over 21 provides alcohol to a minor under 18, and that minor causes a drunk driving accident.
Drunk Driving Accident FAQs
What should I do immediately after being hit by a drunk driver in Austin?
Call 911 to report the accident, seek medical attention, and get a police report. If safe, take photos of the scene and collect witness information. Then, contact a personal injury attorney experienced with drunk driving accidents.
What damages can I recover in a drunk driving accident?
You may be entitled to "economic damages" (medical bills, lost wages, future rehabilitation costs) and "non-economic damages" (pain and suffering, mental anguish, and disfigurement). In cases of extreme recklessness, we may also pursue punitive damages, which are designed to punish the defendant and deter others from similar behavior.
Do I need to prove the driver was drunk to win my claim?
Not necessarily. If the driver was arrested or tested over the legal BAC limit, that can strongly support your case. However, any evidence of impaired driving—erratic behavior, open containers, witness accounts—can help establish negligence.
What if the drunk driver was uninsured or underinsured?
You may be able to recover compensation through your own uninsured/underinsured motorist (UM/UIM) coverage, if you carry it. An attorney can help explore all available insurance options.
Is there a time limit to file a drunk driving accident claim in Texas?
Yes. The statute of limitations in Texas is generally two years from the date of the accident. It’s crucial to act quickly to preserve evidence and protect your legal rights.
Will the drunk driver’s criminal case affect my personal injury claim?
The criminal case is separate, but a DUI conviction can strengthen your civil case. However, you can still pursue compensation even if the driver is not convicted.
Can I still recover damages if I was partially at fault?
Texas follows a modified comparative negligence rule. As long as you were less than 51% at fault, you can still recover damages—though your compensation will be reduced by your percentage of fault.
Do I need a lawyer for a drunk driving accident claim in Austin?
It’s highly recommended. Our Austin drunk driving accident attorney can gather evidence, negotiate with insurers, and fight for the full compensation you deserve—especially in cases involving serious injuries or disputed liability.
Pursuing Fair Compensation for Injured Individuals
As the victim of a drunk driver, you are likely facing a difficult recovery. At the Law Offices of Vic Feazell, P.C., our Austin personal injury lawyers believe the victims of such accidents deserve fair compensation and justice after being so unduly harmed. If we don’t recover compensation for your claim, you don’t have to pay us a dime under our contingency fee policy.
Speak with us today to find out how we might be able to help you in the aftermath of a drunk driving accident.
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